America Jeannette De Leon Colocho v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
AMERICA JEANNETTE DE LEON
COLOCHO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-71931
Agency No. A044-804-462
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2010**
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
America Jeannette de Leon Colocho, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing her appeal from an immigration judge’s (“IJ”) removal order. We have
FILED
OCT 27 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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jurisdiction under 8 U.S.C. § 1252. “[W]e review for whether substantial evidence
supports a finding by clear, unequivocal and convincing evidence that [Colocho]
abandoned [her] lawful permanent residence in the United States.” Khodagholian
v. Ashcroft, 335 F.3d 1003, 1006 (9th Cir. 2003). We deny the petition for review.
Substantial evidence supports the agency’s determination that the
government met its burden of showing Colocho abandoned her lawful permanent
resident status because the record does not compel the conclusion that she intended
to promptly return to the United States during the seven years she lived in El
Salvador. See Singh v. Reno, 113 F.3d 1512, 1514 (9th Cir. 1997) (stating that
“[t]he relevant intent is not the intent to return ultimately, but the intent to return to
the United States within a relatively short period”).
We agree with the agency that Khodagholian is distinguishable. See
Khodagholian, 335 F.3d at 1007-08 (petitioner had a continuous, uninterrupted
intent to return to the U.S. based on evidence he sought to sell assets and wind up
his affairs while in Iran and during one six-month visit cared for a terminally ill
mother and orphaned nephews).

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08-71931 3
Colocho’s contentions that the IJ applied the incorrect burden of proof and
that the BIA abused its discretion by failing to consider all of the relevant factors is
belied by the record.
PETITION FOR REVIEW DENIED.

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